Dismissed

Gurusamy v. The District Collector

Madras HC18 Dec 2023WP(MD)/27315/2023

Case brief

AI extract

What is this about?

Mandamus and certiorari petitions challenging an order under Section 6 of the Tamil Nadu Land Encroachment Act, 1905. The High Court held that the authority had issued notices to the petitioner and her daughter under Section 7. The court granted liberty to appeal under Section 10 and dismissed the writ petitions.

What did the court decide?

Liberty granted to file an appeal under Section 10 of the Act; writ petitions dismissed.

Gurusamy Vs The District Collector — Land Acquisition | Madras HC (2023)

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W.P.(MD) No.27315 of 2023

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 18.12.2023

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CORAM:

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THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

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W.P.(MD) No.27315 of 2023 and

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W.M.P.(MD) No.23465 of 2023

Gurusamy

... Petitioner

-vs-

1.The District Collector District Collectorate Building Madurai-625 020

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2.The Thasildar Thirumangalam Taluk Office Madurai-625 706

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3.The Revenue Inspector Thirumangalam Taluk Madurai-625 706

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4.Muthu Murugayee ... Respondents [R4 is impleaded vide Court Order dated 18.12.2023 passed in W.M.P. (MD) No.24580 of 2023)

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PRAYER: Petition filed under Article 226 of the Constitution of India, to issue

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a writ of certiorarified mandamus calling for the records of the proceeding of the second respondent in Na.Ka.No.5330/2023/The 1, dated 03.11.2023 and quash the same.

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https://www.mhc.tn.gov.in/judis

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_____________ Page 1 of 5_

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W.P.(MD) No.27315 of 2023

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For Petitioner : Mr.V.N.Arjun For Respondents : Mr.S.P.Maharajan Special Government Pleader for R1 to R3 Ms.A.Bhuvaneswari for R4

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O R D E R

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[Order of the Court was made by S.M.SUBRAMANIAM, J.]

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This writ petition has been instituted challenging the order, dated 03.11.2023, passed by the second respondent, under Section 6 of the Tamil Nadu Land Encroachment Act, 1905 (hereinafter, referred to as “the Act”).

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2. Learned counsel for the petitioner mainly contended that the objections submitted by the petitioner were not considered by the authority concerned. It is further contended that the daughter of the petitioner is in possession of the subject land, which is alleged to have been under encroachment.

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3. Learned Special Government Pleader appearing for the respondents 1 to 3 made a submission that a portion of the subject land is in the occupation of the petitioner and the remaining portion of the subject land is in the occupation of her daughter. However, the authority concerned has

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https://www.mhc.tn.gov.in/judis

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Page 2 of 5

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W.P.(MD) No.27315 of 2023

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issued notice to both the petitioner as well as her daughter, under Section 7 of the Act and by affording an opportunity to both of them, order under Section 6 of the Act has been passed. If at all the petitioner or her daughter is aggrieved, they have to prefer an appeal before the Appellate Authority under Section 10 of the Act and redress their grievance in the manner known to law.

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4. Granting liberty to the petitioner to file an appeal under Section 10 of the Act before the Appellate Authority and workout her remedy in the manner known to law, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

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[S.M.S., J.] [L.V.G., J.]

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18.12.2023

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(2/2)

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NCC : Yes / No Index : Yes / No Internet : Yes / No

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krk

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To:

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1.The District Collector, District Collectorate Building, Madurai-625 020.

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_____________ Page 3 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.27315 of 2023

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2.The Thasildar, Thirumangalam Taluk Office, Madurai-625 706.

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3.The Revenue Inspector, Thirumangalam Taluk, Madurai-625 706.

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_____________ Page 4 of 5_

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https://www.mhc.tn.gov.in/judis

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W.P.(MD) No.27315 of 2023

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S.M.SUBRAMANIAM, J. and L.VICTORIA GOWRI, J.

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krk

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W.P.(MD) No.27315 of 2023 and W.M.P.(MD) No.23465 of 2023

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18.12.2023

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(2/2)

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_____________ Page 5 of 5_

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https://www.mhc.tn.gov.in/judis

Gurusamy v. The District Collector

Case brief

What is this about?

What did the court decide?

Gurusamy v. The District Collector

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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